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Varisco v. Gateway Science & Eng’g, Inc., 166 Cal. App. 4th 1099 (2008)

Gateway engaged Al Varisco to provide construction inspection services on two projects it was doing for the Los Angeles Unified School District (“LAUSD”). Gateway retained Varisco pursuant to a letter agreement whereby he was to be paid $75 per hour for the inspection services, which he performed directly for the LAUSD.…

Sullivan v. Oracle Corp., 547 F.3d 1177 (9th Cir. 2008)

Three Oracle instructors (all non-residents of California) filed this class action to recover allegedly unpaid overtime under California law for work they performed while in California. Two of the instructors were residents of Colorado and one was a resident of Arizona; all of them worked in their home states and, from time to time,…

Mora v. Hollywood Bed & Spring, 164 Cal. App. 4th 1061 (2008)

Salvador Mora sued his former employer and its president after his arm was crushed in a power press machine. Mora alleged the machine lacked an adequate guard to protect against injury and, therefore, pursuant to Cal. Lab. Code § 4558, he was not limited to a remedy provided under the Workers’ Compensation…

Avila v. Continental Airlines, Inc., 165 Cal. App. 4th 1237 (2008)

Henry Avila sued his employer, Chelsea Food Services (a division of Continental Airlines), following his termination for excessive absences from work. Avila sued for disability discrimination and for violation of his rights under the California Family Rights Act (“CFRA”). The trial court granted summary judgment to Continental, but the Court of Appeal reversed…

Mamou v. Trendwest Resorts, Inc., 165 Cal. App. 4th 686 (2008)

Tamer Mamou was employed as a project director for Trendwest (a company that sells timeshares at various resort locations) when he was terminated after approximately 12 years of employment. Trendwest terminated Mamou after it became aware that he had filed documents with the California Secretary of State in which it appeared Mamou was…

Caso v. Nimrod Productions, Inc., 163 Cal App. 4th 881 (2008)

Christopher Caso, a professional stuntman, suffered severe head injuries while performing a stunt during the production of a television show. Caso and his wife (who sought damages for loss of consortium) sued defendants (the director and the stunt coordinators and their respective loan-out corporations) for negligence. The trial court granted defendants’ motion for…

SDV/ACCI, Inc. v. AT&T Corp., 522 F.3d 955 (9th Cir. 2008)

SDV/ACCI (a consulting and staffing service company) and its principals sued AT&T after one of AT&T’s employees sent several e-mails in and outside the company stating that SDV/ACCI would no longer be providing services to AT&T because SDV/ACCI was having “financial difficulties.” The district court granted summary judgment to AT&T, but the Ninth…

Diaz v. Eagle Produce, 521 F.3d 1201 (9th Cir. 2008)

Phoenix Agro Invest, Inc. and SAM Management, Inc. operate a commercial broccoli and melon farm in Arizona and usually lay-off workers during the winter months. Among others, the company laid off plaintiffs, four workers over the age of 50 years old, who challenged the lay off under the Age Discrimination in Employment Act (“ADEA”).…

Miller v. American Greetings Corp., 161 Cal. App. 4th 1055 (2008)

Holly and Paul Miller sued Christopher Magdaleno and American Greetings, his employer, for injuries Holly sustained when Magdaleno hit her with his pick-up truck while she stood next to her car on a road in Pasadena. The Millers subpoenaed Magdaleno’s cellphone records, which indicated that Magdaleno had been speaking to his crew chief…

Vaught v. State, 157 Cal. App. 4th 1538 (2007)

Marck Vaught was employed as a resource ranger for the State. His position required him to be on call “all the time.” As an inducement to accept the position, the State offered Vaught and his wife the use of a residence located in the district in which Vaught worked. Vaught subsequently slipped and fell in…